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Sushil (student)     28 September 2012

Nominee not willing to distribute monies, legal options?

A married hindu female (issueless) dies interstate. The death was unnatual and the female left a note mentioning no one but herself to be responsile for this. She was also under treatment for a problem which was well known to her side. There are medical reports and other proofs to support this. Being fully aware of all this, her side does not make any false allegation and some time passes.

Later, her parents, being the nominees, become hyper active and get all the monies like insurance, PF, gratuity, saving bank deposits etc (~40 Lakhs). Note that the nominations were done before marriage and not changed after marriage. Now they are not willing to give a single penny to the husband. They are even asking for some X amount that they voluntararily contributed in couple's home. On asking they indirectly suggest that they did not do anything, otherwise worse could have happenned.

Now, given the abve scenario, does the husband have any option to claim the money? Can legal route be taken? If yes, then is there some time limit during which or this can be the legal option should be takene done anytime (say one year after amount was disbursed)?

Also, if legal action is taken, can they also start legal proceedings be making false allegations?

Please consider all the aspects.



 3 Replies

Arvind Singh Chauhan (advocate)     28 September 2012

He should file objection/ or issue notice to all the paying department and must get delaration from civil court.

Ajit Singh Cheema (practising Advocate)     29 September 2012

Nominee to receive payment on behalf of all the legal heirs –Supreme Court

In very recent judgement by Supreme court during the year 2012, namely ,Ram chander Talwar verses Devinder kumar Talwar,it has been very categorily declared that the nominee is to receive payment on behalf of all the legal heirs and shall have to be divided among all the legal heirs.

Please note that the limitation period for filing suit for recovery  shall start from the date of payment to the nominee and it is for three years.

Sushil (student)     03 October 2012

Thanks Mr. Arvind and Mr. Ajit for your responses. What documents are required to file a suit?

1) Details of all the payments

2) Succession certificate

3) Others?


Thanks in advance.

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